A top Angus Council official has warned landmark Fife rulings against the so-called bedroom tax should not be seen as a “panacea” to the controversial scheme.
Groundbreaking test cases appeared to have opened the floodgates for thousands of appeals across the UK after a first-tier tribunal judge said a room measuring less than 50 square feet is not a bedroom.
However, the Department for Work and Pensions has appealed the ruling and sought a second-tier opinion which could determine a precedent, issuing emergency guidance to councils as tenants continue to challenge the spare room subsidy.
The decision on size followed an appeal by Glenrothes man David Nelson, 57, against a 14% cut in his housing benefit because he was deemed to have a spare bedroom.
His case was on the grounds that the room in question measured 66 square feet and was therefore a boxroom and not a bedroom. The opinion of QC Simon Collins is now being challenged by the DWP.
While the issue remains up in the air, Angus communities strategic director Alan McKeown has said that until a final outcome is delivered the rural authority will be keeping a close watching brief on the situation but he has admitted the council is seeing a negative knock-on effect in rent arrears since the controversial new ruling was applied.
Total Angus arrears stood at almost £1.5 million in July, representing 4,588 cases. In the last financial year, arrears rose by 0.39% to 7.3%, placing Angus ninth out of 23 authorities and better than average in terms of the level of increase.
“Our arrears increase as a result of ‘bedroom tax’ is significantly lower in comparison to other authorities,” said the director.
“Whilst we are supportive where we can be, strong action has and will continue to be taken. Those tenants who habitually fail to pay will continue to be targeted for serious action.”
On the “bedroom tax” issues, Mr McKeown added: “The problem with the Fife judgment is that is has no precedent and no authority with the DWP issuing emergency guidance.
It includes advice that landlords must consider a number of factors when determining whether a room is a bedroom, one of which must be whether it is large enough to accommodate at least a single bed.
“We are certainly working with our colleagues in revenues and benefits but it would be wrong to raise expectations that the Fife case is a panacea,” said Mr McKeown.
“There is confusion and we would not want false hope to be raised, but if anyone feels they have a case then they should get in touch and we will engage with them.”